Morning Crank: “As a Seattle Native”

If we allow backyard cottages, it could open the door to neighborhood character-destroying duplexes like this

1. The city’s hearing examiner heard final arguments late last month in the latest effort by Queen Anne activist Marty Kaplan to prevent homeowners from building mother-in-law units and backyard cottages (accessory dwelling units, or ADUs) on their property. (Kaplan has been filing legal challenges “as a Seattle native” since 2016, arguing that allowing two ADUs—e.g., a backyard cottage plus a basement apartment—will destroy the character of Seattle’s exclusive single-family neighborhoods and lead to rampant speculation by developers). The preferred alternative (there’s no actual legislation yet, since the proposal has been locked up in litigation) would also remove the existing parking mandate; establish restrictions on the size of new single-family houses in an effort to thwart McMansion-style developments; and lift the current owner-occupancy requirement in favor of a new rule requiring that a homeowner who has one ADU and wants to build a second must own the property for at least a year before beginning to build.

If the hearing examiner rules that the environmental review of the ADU proposal, sponsored by council member Mike O’Brien, was adequate, the council can move forward with actual legislation as early as next month. Their goal is to finalize and vote on the legislation no later than August.

But hold up. Mayor Jenny Durkan reportedly hopes to negotiate with the council to get some amendments to the legislation, starting with the owner-occupancy requirement. ADU opponents, including Kaplan, have argued that allowing up to two secondary units on a lot will open single-family neighborhoods up to “speculative development,” unless the city mandates that any homeowner who wants to build an ADU has to live on that property in perpetuity. The specter of developers descending greedily upon single-family property for the privilege of building a secondary unit (and then, after owning the property for a full year after that, building a third) might strike anyone familiar with Seattle’s existing real-estate market as absurd, but to spell it out: There’s no evidence of a speculative boom in backyard apartments in other cities, like Portland and Vancouver, where they’re easier to build; the scenario in which developers build backyard apartments, then sit on those properties for the year before building another unit, makes little financial sense; and fans of missing-middle housing for middle-class people who can no longer afford to buy anything in Seattle might consider a little development a good thing. Nonetheless, Durkan reportedly wants to put owner-occupancy requirements back on the table, and to reopen the discussion about parking requirements. Council sources say the parking idea in particular is probably a nonstarter.

The hearing examiner is expected to make his ruling by mid-May.

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2. The city’s Human Services Department found itself on the defensive in late February, after Mayor Durkan claimed in her state of the city speech that the city had “helped more than 7,400 households move out of homelessness and into permanent housing.” As I first reported, that number was misleading at best—the city actually counted 7,400 exits from programs, a number that almost certainly overstates the number of actual people who have gotten out of homelessness because it counts every program as an exit (so that, for example, a household of two who stopped using five homelessness programs would count as five “exits.”)

At the time, HSD officials and the mayor’s office expressed frustration to reporters who asked questions about the discrepancy, insisting that they should have “known all along” that when the city said “households,” they really meant “exits from programs,” and that reporters should focus not on what the numbers specifically represent, but on the fact that they’re going up.  “No matter how you look at it, it’s getting better,” HSD deputy director Tiffany Washington said. Nonetheless, several other reporters considered it newsworthy that the city did not know how many people it was actually helping, despite the city’s insistence that it was not a revelation.

Even as the city was telling reporters that they shouldn’t have been surprised that “households” does not mean “households,” internal communications between mayoral and HSD staffers, which I obtained through a records request, show that prior to the mayor’s press conference to discuss the numbers the Monday after my story ran, the city decided to remove all references to “households” in a talking-points memo bound for the mayor’s desk.

The shift was fairly abrupt. On Thursday, February 21, for example, HSD spokeswoman Meg Olberding wrote in an internal email that one of the department’s top speaking points was “30% More Households Exit (Maintain) to Permanent Housing.” One day later, and several hours after my initial story on the “households” vs. “exits” discrepancy, the mayor’s homelessness advisor, Tess Colby, emailed the mayor’s office and HSD staff to say that she had “revised the memo to Mayor to replace ‘HHs’ with ‘exits’ solely in the interest of precision.”

In all, 12 references to “households” were removed from the memo. For example, the top bullet point, which referred to “the 7,400-goal … for exiting households from the system and maintaining permanent supportive housing clients” was changed to “exits from the system and maintaining permanent supportive housing clients.” A sentence that originally read, “In 2018 431 Native American/Alaska Native households exited  homeless services programs …and 2,979 Black/African Americans households exited homeless services programs” was changed to read, “In 2018 there were 431 exits among Native Americans/Alaska Natives from homeless services programs …  and exits of Black/African Americans increased to 2,979.” And a reference to enhanced shelters “exiting nearly twice as many households” in 2018 than the previous year was changed to say, “Exits to permanent housing increased nearly two-fold.”

These changes may seem minor, but they (and their timing) are significant. The mayor’s office got called out for overstating its success in responding to homelessness. Publicly, they went on the defensive, telling reporters they were making a big deal out of nothing. Privately, though, the mayor’s office appeared to realize the confusion was warranted.

3. Speak Out Seattle, a group that fought against the head tax for homelessness, opposes tiny house villages and encampments, and backed an initiative to ban safe consumption sites,  held a forum for District 2 council candidates Thursday night, although only four of the seven declared candidates decided to attend. (Two, Tammy Morales and Christopher Peguero, had previously stated their intent to boycott the forum). The remaining candidates were bounce-house rental company owner Ari Hoffman, Socialist Workers Party Henry Dennison, Seattle Police Department crime prevention coordinator Mark Solomon, and Rainier Valley community organizer Phyllis Porter.

I live-tweeted the event, which was attended by an incongruously white audience given that D2 is the least-white district in the city. I’ve included a few key moments below, and collected all my tweets in a Twitter moment here.

Morning Crank: “We Have Zoned Our City Backwards”

“I’m not calling anyone a racist. I am calling out the reality that we are living in a city that has a history of …  housing laws designed to keep certain people out of certain areas of the city, and as a policy maker, it is my duty to undo this history.”

After nearly five years of public hearings, open houses, legal challenges, amendments, and debate, the city council adopted the “citywide” Mandatory Housing Affordability plan on Monday by a 9-0 vote. The legislation (which does not actually apply citywide) will allow developers to build more housing in parts of the city where density is already allowed, and will allow additional housing, ranging from a second house to small apartment buildings, on about 6 percent of the land that is currently zoned exclusively for detached single-family houses.

In exchange for greater density, developers are required to build or pay a fee to build housing affordable to people making 60 percent or less of the Seattle median income. The amount developers will pay to build will be higher in areas where the city has determined the risk of displacement is high and access to opportunities is low, and lower in areas with low displacement risk and high access to opportunity. The city hopes that MHA will result in 6,000 units of new low-income housing over the next 10 years. The plan has already been partially implemented—six neighborhoods, including downtown, South Lake Union, and the University District—were upzoned two years ago

The rest of the city’s single-family areas, which occupy about 75 percent of the city’s developable residential land, will be untouched by the changes.

Public comment on Monday was dominated, as usual, by homeowners who argued that the proposed changes will “destroy” neighborhoods, rob property owners of their views, and—a perennial favorite—”ghettoize” places like Rainier Beach by forcing low-income people of color to live there.

The specter of “ghettos” was both explicit—two white speakers mentioned “ghettos” or “ghettoization” in their comments—and implicit, in comments from several white homeowners who expressed concern that their (unnamed, absent) friends and family of color would be displaced from their current neighborhoods. “I want to provide affordable housing to my children and grandchildren, who are of all colors, but I want to protect her [Seattle’s] natural beauty,” one speaker said, after inveighing against the potential loss of views from North Capitol Hill. Another speaker (also white) invoked her “many… friends and family of color [who] have been displaced from the Central District and particularly from Columbia City… to the Rainier Beach area, and now it s up for upzoning.” Where, she wondered, would these anonymous friends and family be forced to move next?

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After listening to more than an hour of such comments—including one white speaker who claimed that “upzoning is the new redlining”—the council’s women of color were eager to correct the record. Lorena González, whose own Mexican-American family would have been excluded from much of the city under both the formal racial covenants that ended in the 1940s and the unofficial redlining that replaced them, noted first that “this legislation is not even close to citywide—there are approximately 127 neighborhoods in the city, and this legislation only relates to 27 of them.” The remaining 100 neighborhoods, she said, are still “currently and strictly zoned exclusively single-family.”

She continued: “I’m not calling anyone a racist. I am, however, calling out the reality that we are living in a city that has a history of implementing and preserving housing laws designed to keep certain people out of certain areas of the city, and as a policy maker, it is my duty to undo this history and to support legislation to begin the process of dismantling… laws that are intended to exclude people who look like me from owning or living in a single-family home.”

Teresa Mosqueda added more historical context. “What we have done over the last few decades is we have zoned our city backwards,” she said, referring to the fact that as recently as the middle of the last century, multifamily housing was allowed on much of the land Seattle now preserves for exclusive single-family use. “I’m sad that we’re not actually having a conversation about citywide changes. That is the next conversation we need to have.”

“The only way to create universal access to housing is by building a housing-rich city.” – Council member Rob Johnson

Today’s vote served as a bit of a swan song for council member Rob Johnson, who is widely expected to step down after the end of April to start his new job as a transportation advisor to Seattle NHL. Johnson, who spent much of his single term shepherding the legislation, sounded a bit wistful as he closed out debate and called for a vote. After thanking city staffers, other council members, and his wife Katie, Johnson  noted the signs all over Seattle that oppose “build the wall” rhetoric. “Well, zoning is building a metaphorical wall around our city.” By adopting MHA, he said, “We’re starting the process of dismantling walls around our neighborhoods that have given exclusive groups sole access to the resource-rich communities around our city. … The only way to create universal access to housing is by building a housing-rich city.”

The battle over MHA is not over, of course. SCALE, the group that spent much of the last year and a half appealing the plan in front of the city’s hearing examiner, said in a statement Monday that they were “considering appealing the inadequately considered impacts of the MHA legislation to the [state] Growth Management Hearings Board.”

2. González and Mosqueda weren’t the only ones feeling salty before Monday’s big vote. Sally Bagshaw, who is also leaving the council after this year, took the opportunity to correct an op/ed by Queen Anne homeowner and anti-density activist Marty Kaplan that ran in this Sunday’s Seattle Times. Kaplan has spent much of the last several years appealing a city proposal that would allow homeowners to add up to two accessory dwelling units (one attached, one in the backyard) to their properties. The Times ran Kaplan’s factually challenged rant alongside a pro-MHA piece by Johnson, suggesting that an elected city council member and a neighborhood activist who spends his time fighting people’s right to build garage apartments are on roughly the same level.

“Here’s what makes me grumpy,” Bagshaw began. “There have been so many things that have been said on the con side of this that I just think have gotten in our way, and repeating untruths over and over against simply doesn’t make  something so.” Kaplan’s piece, Bagshaw continued, said that the city was “railroading” neighborhoods and would “eliminate all single-family zoning,” and “nothing could be further from the truth. We are going to be retaining 94 percent of the single-family zones,” Bagshaw said.

“Here’s what makes me grumpy. There have been so many things that have been said on the con side of this that I just think have gotten in our way, and repeating untruths over and over against simply doesn’t make  something so.” – Council member Sally Bagshaw

Bagshaw didn’t get around to demolishing all of the false and absurd claims in Kaplan’s editorial one by one, so I’ll add a couple more. Kaplan claims in his piece that allowing homeowners to build backyard or mother-in-law apartments on their own property will “eliminate single-family housing regulations citywide, erasing 150 years of our history.” Single-family zoning didn’t even exist 100 years ago, much less in 1869, 15 years after the Denny Party landed at Alki. Moreover, allowing people to retrofit their basements to produce rental income or add an apartment for an aging relative does not constitute a “threat to single-family neighborhoods”; rather, it’s a way for homeowners to stay in the neighborhoods where they live, and provide new people with access to those neighborhoods—a rare commodity in a city where the typical single-family house costs more than three-quarters of a million dollars. Kaplan even  suggested that “lame-duck politicians, who know they can’t get reelected” (four of the nine council members who voted for MHA are not running again) should not be “allowed” to vote on zoning policy, as if only universally popular politicians who plan to keep their seats forever should be allowed to vote in a democracy.

Kaplan isn’t done with his own fight against density. In an email to supporters last week, he vowed to continue appealing the environmental impact statement on the accessory dwelling unit proposal. Unlike some of Monday’s public commenters, Kaplan didn’t couch his opposition to density in concern for low-income homeowners or renters at risk for displacement. Instead, he was straightforward (not for the first time) about whose interests he cared about (emphasis mine): “Our ultimate goal: to negotiate a fair compromise that better meets the needs of all of Seattle’s homeowners,” Kaplan wrote. “Representing every Seattle neighborhood, our team of volunteers, professional consultants, and attorneys continue to advance our appeal to prove that the Environmental Impact Statement (EIS) is deficient and inadequate in studying and transparently revealing the true impacts to every Seattle property owner.

3. Right at the beginning of yesterday’s meeting, council members voted to move the nomination of interim Human Services Department director Jason Johnson as permanent director out of Kshama Sawant’s human services committee and into the select committee on homelessness and housing, which is chaired by Bagshaw and includes the entire city council. Sawant has opposed Johnson’s nomination, arguing that Mayor Jenny Durkan did not institute a “transparent and inclusive process” for choosing an HSD director, and has held multiple hearings to give Johnson’s opponents opportunities to denounce him publicly. On Monday, she cited the results of a survey of HSD employees that revealed widespread dissatisfaction with management, particularly among workers in the Homeless Strategy and Investments division. Sawant said the council was “stabbing [communities] in the back” with the “shameful” decision to move the appointment out of her committee. Bagshaw’s proposal passed 7-2, with Mike O’Brien joining Sawant in opposition to the move.

Morning Crank: Bike Board Chair Abruptly Dismissed; Safe Seattle Sues; and More

Photo from 2015 Seattle Bike Master Plan Implementation Plan

1. Last month, about an hour before the Seattle Bicycle Advisory Board’s was scheduled to hold its monthly meeting, board chair Casey Gifford got a call from Evan Philip, the boards and commissions administrator for Mayor Jenny Durkan’s office. Philip told Gifford that he was calling  to let her know that the meeting she was about to chair would be her final meeting—the mayor had decided not to reappoint her for a second term.  Then, Gifford recalls, he asked her if she had any questions.

Gifford, who works as a  planner with King County Metro and serves on the Cascade Bicycle Club board, was in shock. “I said that I was surprised to be receiving that information so close to the meeting and that I would need some time to process it,” she says. A few days later, she recounts, “I called him and left several voice mails” requesting a meeting or a phone call to discuss some questions she had about Durkan’s decision. Philip responded on November 16 with a terse email, explaining that “other Seattle residents had expressed interest in serving on this Commission and in the spirit of expanding civic engagement, we offered the position to another applicant.” In a subsequent email, he elaborated—sort of. “As mentioned earlier, the Mayor is committed to bringing in new voices and appoint those that have a lived experience to our Boards. As you may be aware, reappointment to a Board or Commission is not guaranteed.”

Like every mayor, Durkan is remaking the city’s bureaucracy, including the volunteer boards and commissions, in her own image.  But several advocates told me they’re worried that Durkan is pushing bike advocates affiliated with activist groups like Cascade and Seattle Neighborhood Greenways aside as part of a transportation agenda that prioritizes transit (and driving) over cycling. The mayor’s office denies this, and points out that Durkan appointed Cascade’s executive director, Richard Smith, to serve on the committee advising the mayor’s office on the Seattle Department of Transportation director selection.

Durkan’s new appointee, Selina Urena, is a former fundraiser for BikeWorks who now works for the Transportation Choices Coalition, a group whose former executive director, Shefali Ranganathan, is now deputy mayor. Urena was nominated by Durkan directly, without going through the usual application process, which includes one-on-one interviews with members of a bike board committee established explicitly for that purpose.  In an email responding to my questions about the mayor’s decision not to appoint Gifford, Durkan spokesman Mark Prentice said, of Urena (who uses they/them pronouns), “they are a multimodal transportation user and enjoys exploring the City by bike” and referred me to Urena’s TCC bio.

 “I  don’t think that the board is being set up for success. … There a lot of institutional knowledge that has been lost.” – Casey Gifford, former Seattle Bicycle Advisory Board chair

Gifford says Philip never explained why Durkan did not reappoint her to the board, nor what he meant by “lived experience.” (Gifford is a young woman of color who uses a bike as her primary form of transportation.) She adds that in her experience, it’s unusual for the mayor’s office to take such a direct role in the appointment process, which usually involves an application and interview process with members of the board itself. “I know that the mayor’s office was more involved in the process than they ever have been in the past, and that they they knew who they wanted and pushed those people forward even without the recommendation of the board members who were reviewing apps with a set criteria and a set process,” Gifford said. “It didn’t sound like the mayor’s office was using those criteria, and it wasn’t really clear what criteria they were using.”

Gifford’s departure means that the bike board will be made up almost entirely of newcomers at a time when the fate of the city’s planned bicycle infrastructure is very much up in the air. Just one member, city council appointee Amanda Barnett, is continuing into a second term.  “I  don’t think that the board is being set up for success,” Gifford says. “There are now seven of 12 [board members] that are brand new, and it takes a while to get up to speed on how the board works and how to be effective. … There a lot of institutional knowledge that has been lost.”

Gifford may have another opportunity to serve on the board yet. City Council member Mike O’Brien, who says he considered the way Gifford was informed her term was ending “kind of unprofessional and not worthy of someone [Gifford] who’s doing really good work,” says he’ll nominate her himself if she wants to continue to serve. “It’s important to have new perspectives and new energy, but it’s also important to have some people who have been around,” O’Brien says. Gifford says she has talked to O’Brien about the possibility and that “it is something that I am considering.”

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2 .Safe Seattle, an online group that recently filed paperwork to become a 501(c)4 political nonprofit (via), is suing the city and the Low-Income Housing Institute to force the closure of a LIHI-operated “tiny house village” in South Lake Union, using many of the same arguments that a statewide anti-labor group, the Freedom Foundation, made when it filed a land use petition to to prevent the facility from opening back in June. (That case is still ongoing, although the Freedom Foundation itself is no longer a named plaintiff). The Freedom Foundation’s attorney, Richard Stephens, is representing Safe Seattle in the new lawsuit, which—like the earlier complaint—charges that LIHI does not have the correct permits to operate its encampment. Unlike the earlier, dismissed complaint, which claimed that LIHI’s encampment violated the city’s self-imposed limit of three transitional encampments at at time, this complaint claims that LIHI lacks both residential permits (on the grounds that the tiny houses are residences) and  a required encampment operations plan. The complaint also claims that the encampment constitutes an “assisted living facility” (on the grounds that LIHI provides housing and services to vulnerable people) for which it lacks a permit.

The amount of scrutiny that has landed on this one encampment—as well as the Freedom Foundation’s motivation for focusing on a single encampment in South Lake Union—is hard to explain. In addition to the lawsuits by the Freedom Foundation, Safe Seattle, and the individual plaintiffs (all represented by Stephens), a group called Unified Seattle has spent thousands of dollars on Facebook ads opposing tiny-house encampments, with an emphasis on the South Lake Union encampment.

3. A recent email from Queen Anne neighborhood activist Marty Kaplan, who has spent years locked in a legal battle to keep backyard and basement apartments out of single-family areas, included a telling line. After lavishing praise on the Seattle Times and its anti-density columnist Danny Westneat for joining him in the fight against missing-middle housing, Kaplan concluded: “Our ultimate goal: to negotiate a fair compromise that better meets the needs of all of Seattle’s homeowners.” Left out of Kaplan’s (and the Times’) equation? The majority of Seattle’s population, who rent their homes and are probably less concerned with “meeting the needs of all of Seattle’s homeowners” than they are with being able to stay in a city where laws designed to boost homeowners’ property values are making the city unaffordable for everyone else.

Morning Crank: Ruling Bolsters Housing Plan, Chides City for Failing to Do “Granular” Analysis Neighborhood Activists Demanded

1. Urbanists celebrated a ruling yesterday that could allow a long-delayed plan to increase density and fund affordable housing to move forward. The ruling by city hearing examiner Ryan Vancil, which mostly affirms that an environmental impact statement on the plan was adequate, came in response to a challenge by a group of homeowners, the Seattle Coalition for Affordability, Livability and Equity (SCALE), who have long opposed the plan. The plan, known as Mandatory Housing Affordability, would allow modest density increases in urban villages and urban centers, and would rezone six percent of the land current zoned exclusively for single-family houses—currently, two-thirds of the city’s land—to allow townhouses and small apartments. Developers who build under the new rules will have to include affordable housing in their buildings or pay into an affordable housing fund.

“This ruling is a step forward for more affordable housing in Seattle,” Durkan said in a statement. Meanwhile, Seattle for Everyone, the group that formed in 2015 to support then-mayor Ed Murray’s Housing Affordability and Livability Agenda, planned a celebration party and issued a statement, titled “Yay for MHA!” celebrating the ruling as “a win for affordable housing.”

We’ll see. Toby Thaler, the leader of the group that challenged the  Seattle Coalition for Affordability, Livability and Equity (SCALE), told the Seattle Times that he plans to keep fighting against the MHA legislation, although it was unclear in what venue (the courthouse or city council chambers) he intends to do so. (Thaler did not immediately return an email last night, but I will update this post if I hear back from him.) Meanwhile, the city will have to do more analysis of how allowing more density will impact designated city landmarks;  according to the ruling, the city failed to consider impacts on historic properties other than those on the National Register of Historic Places, which Vancil called inadequate.

“The more ‘granular’ level of analysis called for and debated at the hearing may have averted at least some of the deeply felt community concern expressed in nearly four weeks of hearing and in a hearing process that has taken the better part of a year.” — Seattle Hearing Examiner Ryan Vancil

Vancil’s ruling also chides the city for failing to include detailed, “granular” analysis of the impact the zoning changes would have on individual neighborhoods in the environmental impact statement, and suggested that including this kind of analysis could have forestalled the whole drawn-out appeal. “[I]t is certainly the case, at least in part, that the choice not to tell a more detailed story of the City’s neighborhoods contributed to why the City faced a very protracted appeal and hearing process from representatives in many of its neighborhoods,” Vancil writes. “While the level of analysis for most of the FEIS satisfies the rule of reason and requirements under SEPA, the more ‘granular’ level of analysis called for and debated at the hearing may have averted at least some of the deeply felt community concern expressed in nearly four weeks of hearing and in a hearing process that has taken the better part of a year.”

Whether you believe that a detailed neighborhood-by-neighborhood breakdown of the upzone’s impact would have made neighborhood opposition evaporate (dubious, given that challenging the EIS for a project is one of the most common obstructionist tactics in the Seattle neighborhood activist playbook), what’s undeniable is that while the upzones have been tied up in appeals, tens of millions of dollars’ worth of affordable housing—and hundreds of units of market-rate housing needed for the thousands of people moving to Seattle every year—remained unbuilt.

“Unfortunately …  this appeal has cost Seattle at least $87 million worth of affordable housing that we could have brought in during the year since the appeal was filed,” council member Rob Johnson, who has led the charge for MHA as head of the council’s land use committee, said in a statement. (Johnson asked for this analysis last month). “Had we been able to adopt MHA across the city without this delay, more neighborhoods would be receiving the investment in affordable housing they need, and more families in our city would have an affordable place to call home.”

2. On Tuesday, Queen Anne Community Council leader Marty Kaplan sent out a bombastic email blast (subject line: “Single-Family Rezone: Negotiation Rejected!”) announcing his intention to “proceed full-speed ahead in preparing and proving our case” against the city, in the ongoing battle over new rules that would make it easier for homeowners to build basement and backyard units on their property.

The “negotiation” Kaplan’s email refers to is apparently a meeting he had on Monday with council member Mike O’Brien, who led the charge to liberalize Seattle rules governing backyard and mother-in-law units, about a final environmental impact statement (FEIS) concluding that the proposal would not have a detrimental environmental impact on the city. was sufficient to allow the long-delayed rules to move forward. The new rules, which would allow homeowners to add up to one unit inside an existing house and one detached unit in the backyard, subject to existing height and lot coverage limits, would produce about 2,500 additional units of housing citywide.

“Unfortunately, I must inform you that CM O’Brien has closed the door to negotiating.,” Kaplan wrote. “He relat[ed] to me unequivocally that the EIS spoke to all his issues leaving no room to consider any compromise.  He remains firmly entrenched in every line-item of his legislation to eliminate every Seattle single-family neighborhood without considering any important neighborhood, property, infrastructure or economic differentiations.  One-size-fits-all!” 

“In addition,” Kaplan’s email continues, “he shared his confidence that every councilmember firmly supports him and his legislation.  He left no door open and even told me directly that there was no reason for us to withdraw our appeal – nothing would change!”

On Wednesday, O’Brien put up a blog post responding to Kaplan’s email. (The post appears to have since been taken down.) In the post, O’Brien wrote that during their conversation over the weekend, “I explained to Marty that while the legislation I plan to introduce was likely to reflect the Preferred Alternative in the EIS, I am open to changes to that legislation as we work through the legislative process.  Furthermore, even if I disagree with certain changes to the legislation, a majority of the Council, not me alone, make the decisions about what changes are acceptable.  …If Marty was asking me to cut a special, secret deal with him so that he would drop the lawsuit, I made it clear to him that I am completely opposed to that type of back room dealing.  … Despite what Marty claims in his email blasts, I explained the many doors that remain open throughout the upcoming process to influence the outcome of the legislation.”

The email concludes with “a quick note on the tenor of city politics that Marty is playing on in all of his communications,” which, O’Brien says, represented “our friendly conversation as a divisive fight.  Instead of communicating where we have common ground and where we differ, explaining the opportunities to influence the process and sharing my willingness to remain open to alternative approaches during the legislative process, Marty choose instead to double down on a mean-spirited and polarizing approach, representing the worst of our current tone in politics.  As a community, we must decide if we are going to let divisiveness prevail and be the new way we govern, or re-embrace what I have known my entire life in Seattle: a collaborative approach to policy making.” 

Kaplan responded more warmly to comments Mayor Jenny Durkan made about the proposal over the weekend, at a community meeting on Queen Anne. According to the  Queen Anne News, when a constituent asked what should happen with the appeal, Durkan said “she’d like to get all parties in a room to hash out a compromise” rather than moving forward with the “litigation” process. (Kaplan’s challenge is currently before the hearing examiner, but litigation is an option if the hearing examiner rejects his argument that the FEIS is inadequate). Durkan, according to the Queen Anne News, expressed concern at the meeting that loosening the rules too much could “fuel a more expensive Seattle by letting people speculate on that land.” That argument—that “developers” will snap up single-family houses and turn the land into triplexes—is belied not only by the FEIS, which concludes, again, that the changes would result in just 2,500 new units citywide, but by the economic logic of development. To wit: If you’re a developer (or, as Kaplan and the mayor suggest, a “speculator”), are you going to build a house with a basement apartment and a small backyard cottage in a single-family zone? Or a 20-unit apartment complex in a multifamily area?

Kaplan did not attend the meeting with Durkan, but says that from conversations with another community council member who was there, “the take-away was that she [opposes] what I have called a one-size-fits-all rezoning of single-family throughout the city.”

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Morning Crank: Rethinking the Vaunted Neighborhood Plans of the ’90s

In a move that could reveal hard truths about the city’s vaunted 1990s-era neighborhood planning process, city council member Teresa Mosqueda wants the city to do a full race and social justice analysis of the so-called urban village strategy, which concentrates all new development in narrow bands near arterial streets and preserves two-thirds of the city exclusively for detached single-family houses. The urban village strategy was crafted more than 20 years ago by neighborhood groups that were dominated, then as now, by white homeowners who wanted to ensure that the “character” of their neighborhoods would remain unchanged. The monoculture of exclusive single-family zoning, and the “character” of Seattle’s suburban-style neighborhoods, is a legacy of redlining—the process by which people of color and renters were systematically excluded from many parts of Seattle.

Introducing her proposal at Thursday’s council budget hearing, Mosqueda noted that at the time the urban village strategy was adopted, in 1994, there was no Race and Social Justice Initiative. That came in 2004, and “it wasn’t until 10 years after that that the race and social justice strategy was expanded to include policies that impact the urban environment,” Mosqueda said. “One of our questions is whether or not we are investing in urban villages equitably throughout Seattle. … I’m interested in whether or not we are crafting policies that are allowing more people to live here.”

The city recently completed a race and social equity analysis of a proposal that would make it easier for homeowners to build second and third units on their property. That analysis found, not surprisingly, that allowing more backyard cottages and mother-in-law apartments will disproportionately benefit white Seattle residents, because most homeowners in Seattle are white. (See chart, below). However, the analysis (like the environmental impact statement the city recently completed on the proposal) also found that allowing more backyard and basement apartments wouldn’t contribute to displacement; and it suggested several steps the city could take to make it easier for homeowners of color to build accessory units, such as pre-approved building plans and assistance with permits and financing. A race and social justice analysis of the city’s urban village strategy would likely reach similar conclusions—restricting development to the areas directly adjacent to major streets helps drive up housing prices and lock lower-income people and people of color out of many neighborhoods—and point to more radical solutions. Neighborhood activists, in other words, are likely to oppose it. Channeling them Thursday, council member Sally Bagshaw raised objections to Mosqueda’s proposal, which she said might be “duplicative” with work the city has already done. (It isn’t.) “Good heavens, this feels like déjà vu to me,” Bagshaw said. Council member Rob Johnson, who supports Mosqueda’s idea in principle, said, “I think that the issues that council member Mosqueda brings up are very appropriate for us to consider,” but suggested that the council might fund it later in the year.

Neighborhood activists, ironically, actually raised the need for race and social justice analysis in their ongoing attempt to prevent the city from implementing its Mandatory Housing Affordability strategy arguing (disingenuously) that the city didn’t do a race and social justice analysis of the proposal to allow slightly denser development on 6 percent of the city’s single-family land. (Developers building under the new rules would be required to build affordable housing on site or pay into an affordable housing fund. The new rules have gone into effect in denser parts of the city, including downtown). They’re still fighting that one, a year after the council passed the legislation.

It’s hard to quantify how much funding for affordable housing the city has lost because single-family activists have locked MHA up with a series of seemingly endless appeals. Hard, but not impossible. About a week ago, Johnson asked the city’s Office of Planning and Community Development to do an analysis of how much money the city has forfeited from developments that would have happened under the new rules if they had gone into effect a year ago. “I’ve asked them to run the numbers about projects that might have vested under MHA, had we adopted it when the bill was first sent down to us,” Johnson told me yesterday. “As you can imagine, vesting times really vary, so  it’s difficult analysis for us to do.” However, Johnson hopes that by looking at the development cycle that just ended, the city can get a sense of how much affordable housing Seattle has foregone while activists have filed appeal after appeal.

A race and social justice analysis of the city’s urban village strategy would likely reach similar conclusions—restricting development to the areas directly adjacent to major streets helps drive up housing prices and lock lower-income people and people of color out of many neighborhoods—and point to more radical solutions.

Speaking of appeals, the Queen Anne Community Council filed another one against the accessory dwelling unit proposal yesterday, arguing that the proposal—which would add about 2600 basement and backyard apartments, citywide, over what will likely be built anyway—”ignores, disrespects, and eliminates the citywide Neighborhood Plans.” The appeal, filed by Queen Anne homeowner Marty Kaplan and his attorney, Jeff Eustis, reiterates Kaplan’s claim that the plan will upzone the entire city, effectively turning single-family neighborhoods into wall-to-wall apartment blocks. The complaint concludes, spaghetti-at-the-wall style, by listing a litany of supposed ills that will befall neighborhoods if the city allows a few thousand more backyard and basement units in a city of 700,000: the “displacement and destruction of older, more modest and
affordable housing, the displacement of populations, the loss of historic buildings, the change in neighborhood character, the unstudied stresses on existing utilities and infrastructure, the amount of available on-street parking. and the ability of
residents and emergency vehicles to circulate through neighborhood streets, and other population pressures among many more.”

Johnson notes one potential bright side to all this delay. If the appeals of MHA and the accessory dwelling legislation drag on indefinitely,  he says, the city’s planning department will have more free time to do the kind of analysis of single-family zoning that Mosqueda is requesting.

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The J is for Judge: Lesser Seattle Has Gaslighted the Pro-Housing Movement

Image via City of Seattle.

Well, that was like passing a kidney stone. After single-family zone stalwarts spent two years stalling the city’s efforts to allow more mother-in-law and backyard apartments, the city has finally returned with a new proposal to loosen restrictions governing  attached and detached accessory dwelling units.  Three cheers for that.

However, I will say: Unless the proposal—the preferred alternative from the city’s new Final Environmental Impact Statement for accessory dwelling units—is part of a broader series of citywide land use changes that include more actual apartments  in Seattle’s single-family zones, urbanists should not hail this new plan as a pro-city victory. To do so would just confirm how badly housing activists have been gaslit by Lesser Seattle and the convoluted story line that equates building more housing with some sort of George Soros plot.

I’m obviously not as sanguine as Sightline urbanist Dan Bertolet about the city’s latest plan to loosen restrictions on  secondary units in single-family areas. But nor am I as disappointed as the Urbanist, which thinks the changes should do even more to catalyze ADU and DADU development.

Mostly, as someone who has been reporting on this city’s push to increase density for decades now  (and who covered the Queen Anne Community Council’s original challenge to the new rules back in 2016), my reaction is mostly just: “Meh. About time, Seattle.” (Crosscut has an eye-opening timeline on the stalled push for more ADUs and DADUs in Seattle.)

The proposal certainly does some good.  And ironically (as I predicted at the time), the plan is the outcome of an Environmental Impact Statement the city was forced to do after the Lesser Seattleites from Queen Anne won their case to stall these long-overdue land use reforms.  The city’s new proposal increases ADU/DADU development capacity from current standards in place since 2010 by allowing taller and larger detached accessory dwelling units, also known as backyard cottages,  while simultaneously allowing development on smaller lots. The new preferred alternative allows two attached units, providing more flexibility for homeowners who want to build two extra units but may not have the space for a separate backyard apartment. It gets rid of the (pathological) off-street parking requirements for secondary units. It eliminates the requirement for the owner to live on-site if a house has an ADU. It gives one to two additional feet of height for DADUs that have a green design. And—oh no, watch out for laundry on the clotheslines!—it increases the number of unrelated people who can live on one lot from eight to 12.

Merely green-lighting more ADUs and DADUs and declaring victory in the fight to build housing in Seattle’s exclusive single-family neighborhoods is like proposing a congestion pricing scheme that only charges Uber and Lyft and ignores the 25 percent of downtown commuters who drive to work alone.

Perhaps the best change (Sightline’s Bertolet calls it “radical!”)— and one that blows QACC’s cover story that they were trying to prevent small existing houses from being torn down and replaced by huge single-family monstrosities— is that the new preferred alternative shuts down the potential for any McMansion craze. As Erica noted: The proposed new rules limit new houses to just 2,500 square feet or a 50 percent floor-area ratio (FAR), whichever is larger. FAR is the ratio of the square footage of a building to the lot that it’s on.

These are all welcome changes; the original 2009 law that allowed ADUs and DADUs in the first place (itself overdue) underperformed thanks to the rigid guidelines the new proposal unwinds—only 221 were built on the city’s 75,000 eligible single-family lots, or just 37 a year, between 2010 and 2016. Council Member Mike O’Brien’s initial reform proposal (the one the QACC dragged to the hearing examiner in 2016)  was expected to produce about 4,000  accessory units in the next 20 years—about five times the current underwhelming rate.

Burn on the QACC: The new-and-improved proposal doubles that, to an estimated 4,430 new units in the next 10 years.

Still, the proposal doesn’t solve the underlying problem: Seattle’s ongoing housing shortage, which is exacerbated by the fact that 65 percent of the city’s developable land is exclusively reserved for single family zones. Merely green-lighting more ADUs and DADUs and declaring victory in the fight to build housing in Seattle’s exclusive single-family neighborhoods is like proposing a congestion pricing scheme that only charges Uber and Lyft and ignores the 25 percent of downtown commuters who drive to work alone.

In the absence of more meaningful changes to the city’s exclusionary zoning laws, simply allowing more ADUs and DADUs is not a win—it’s a capitulation to anti-density activists who have moved the goalposts by keeping most of the city off-limits to any development, making even incremental victories like this one seem more significant than they are. Building 4,000 units over the next ten years falls far short, for example, of the 14,000 affordable units Seattle needs to simply address the existing homelessness crisis.

The ADU/DADU proposal must be coupled with other land use reforms that dismantle the wall around single family zones. The city’s actually “radical” 2015 proposal to allow multi-family development in single-family areas (which it  dropped after the Seattle Times stoked a privileged neighborhood tantrum of Lindsey Graham proportions)  has since been whittled down to allowing some multifamily housing in just six percent of the areas that are currently zoned single-family—and only along the edges. Hopefully the city will eventually enact this mild reform as well. (Another Lesser Seattle neighborhood group is now challenging this scaled-back proposal in front of the hearing examiner, naturally).

Until the city allows more housing of all types in walled-off single-family zones, slightly more permissive rules for secondary units will represent a limit, rather than a license to increase housing stock.

Morning Crank: Prohibitive and Frustrating

1. Marty Kaplan, the Queen Anne activist who has filed multiple legal challenges to delay new rules that would allow homeowners to add up to two additional units to their property, is reviewing the final environmental impact statement (EIS) on the proposal and deciding whether to press on with his appeal, according to an email he sent to members of the Queen Anne Community Council last week.

In the email, Kaplan notes that the group has until October 18 to file an appeal, and suggests that they adopt the following motion: “If the ADU FEIS is found by Martin Kaplan to be deficient in representing a comprehensive environmental study as required by the Hearing Examiner in our former appeal and outlined with our letter of comment pertaining to the ADU DEIS, then Martin Kaplan is hereby authorized to file an appeal on behalf of our QACC.” Kaplan has not said whether he plans to continue pursuing his case against the city, or whether thousands of Seattle homeowners will finally be able to build secondary units on their properties.

The FEIS, released last week, added a fourth, preferred, option to the three alternatives in the draft document, which I covered in depth in May.  If the city adopts the preferred option, homeowners will be able to build up to two accessory dwelling units (ADUs) on their property—two attached (mother-in-law) units, or one attached unit and one detached apartment, subject to maximum rear lot coverage of 60 percent. (The total maximum lot coverage—35 percent for lots over 5,000 square feet, or 15 percent plus 1,000 square feet for lots under 5,000 square feet—will remain the same). The minimum lot size for building an additional unit will be reduced from the current 4,000 square feet to 3,200 square feet, and rules requiring homeowners to build an extra parking spot for each unit, and to live on the property at least six months a year, will be lifted. However, in an odd concession to opponents like Kaplan, homeowners who want to build a second ADU won’t be allowed to do so until they’ve owned the property for at least a year. Both attached and detached units could be up to 1,000 square feet—up from the current 800—and up to 12 unrelated people could live on a lot with three units, allowing (for example) a house, basement apartment, and backyard cottage with four roommates each on a single lot. (This has been a particular sticking point with single-family activists who say so many unrelated people shouldn’t be allowed to live on a single lot). Unlike one of the alternatives the city originally considered, the preferred alternative would not require homeowners to pay into a city affordable housing fund if they want to build a second accessory unit.

Finally, in an attempt to mitigate the spread of new McMansions in Seattle’s single-family areas (and encourage homeowners to add density instead), the proposed new rules limit new houses to just 2,500 square feet or a 50 percent floor-area ratio (FAR), whichever is larger. FAR is the ratio of the square footage of a building to the lot that it’s on. A 2,500-square-foot house on a 5,000-square-foot lot would have a floor-area ratio of 0.5, even if that 2,500 square feet is spread over two stories; so would a 3,600-square-foot house on a 7,200-square-foot lot, and so on.

Because the the city used slightly different assumptions in calculating the number of second and third units that will be produced if the new rules move forward (assuming, for example, that homeowners will have access to pre-approved standard plans for accessory units, and that the city will lower other regulatory barriers that drive of the cost of adding extra units), the new preferred alternative is expected to lead to slightly more units than any of the options the city previously considered. Overall, the preferred alternative would produce about 2,460 more accessory units than the no-action alternative (a total of 4,430), which would correspond to about 3,960 additional residents in single-family areas, spread across Seattle (6,645, compared to 2,955 under the do-nothing alternative.)

2. Saul Spady—the grandson of Dick Spady, of Dick’s Burgers, and one of the most vocal opponents of the “head tax” for homelessness that was overturned earlier this year—has been busy. Since September, Spady has reportedly been meeting with prospective city council candidates for 2019, including Erika Nagy of Speak Out Seattle and Ari Hoffman, who unsuccessfully sought for $230,000 in “homeless-related damages” to a cemetery in North Seattle. On Friday, Hoffman officially filed to run for council in District 2, the South Seattle council seat currently held by three-term incumbent Bruce Harrell. Spady, whose parents spend decades advocating for charter schools,  sent out an email in September seeking funds to defeat the upcoming Families and Education Levy renewal and to recruit “common sense candidates” to defeat council incumbents—a solicitation that could put him at odds with city and state election  laws.

In addition to his work recruiting local candidates, Spady has an upcoming speaking engagement in front of members of the Washington Policy Center, a conservative/libertarian-leaning think tank. The group’s annual Young Professionals Dinner includes speeches and “exclusive Q&A sessions” with two keynote speakers: Spady, and former US House Speaker-turned-Trump apologist Newt Gingrich. Non-member tickets start at $75.

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3. Speaking of potential council candidates: A few other names that are starting to circulate in the rumor mill for 2019: Former Nick Licata campaign manager Andrew Lewis (District 7, currently held by Sally Bagshaw); former Seattle police chief Jim Pugel, also in District 7; Beto Yarce, a onetime undocumented immigrant and entrepreneur who now runs a nonprofit that helps launch small businesses (District 3, held by Kshama Sawant); and community organizer Tammy Morales, who came within 400 votes of beating District 2 incumbent Bruce Harrell in 2015 and is widely expected to run for his seat this year. Bagshaw is widely expected to step down this year, as is District 4 council member Rob Johnson. Sawant has given no indication that she won’t seek reelection, and Harrell’s plans are currently anybody’s guess.

4. Mayor Jenny Durkan’s proposed 2019 transportation budget includes new investments in “adaptive signal” technology—a term that typically describes systems that monitor where vehicle traffic is heavy and adjust light cycles to give traffic more time to get through crowded intersections. Seattle has a system like this in place on Mercer Street in South Lake Union, which “detects cars in each lane at every intersection … determines traffic levels, predicts the flow of traffic, and adjusts the amount of time available to each movement through the intersection.” These marginal drive time improvements often come at the expense of pedestrians, who are forced to endure long waits as the city gives cars extra time to drive through intersections (and to dash across the street on short walk cycles designed for maximum vehicle movement), which is one reason the National Association of City Transportation Officials says that “long signal cycles … can make crossing a street or walking even a short distance prohibitive and frustrating, [which] discourages walking altogether,” and recommends adaptive signals only for suburban areas.

However, the new budget also includes funding for a pilot project at the University of Washington that could at least start to restore the balance between pedestrians and cyclists and the almighty car. The project, which will also be funded by the UW and the Federal Highway Administration, will test passive pedestrian detection and pedestrian counting—technologies that could eliminate the need for walkers to push a “beg button” to cross the street and allow longer crossing times for large groups of pedestrians, respectively. (One way to obviate the need for a beg button, of course, would be to assume there are always pedestrians trying to cross the street in busy areas like South Lake Union and the U District and provide a walk cycle during every green light, as pedestrian advocates across the country have been requesting for years, but baby steps.)

The pilot project will also test an app that will enable cyclists to trigger signals at intersections that equipped with weight-sensitive sensors in streets, which don’t detect vehicles lighter than cars. Cyclists (and, presumably, motorcyclists, who are also usually too light to trip pavement-embedded signals) will be able to download an app that will notify any signals equipped with the new technology that a bike is present, causing the light to change even if there aren’t any cars around. This “solution,” of course, will only work in the limited number of signals near the University of Washington that are equipped with detectors, and for cyclists who download the app and have it running on their phones when they approach those intersections.

This post has been edited to reflect that maximum lot coverage rules will remain the same under all accessory dwelling unit options; the change is to maximum rear yard coverage, which would increase to 60 percent for new detached accessory dwelling units.

This post has been updated (March 25, 2019) to reflect the fact that Ari Hoffman submitted a claim to the city for $230,000 in “homeless-related damages”; he did not, as KIRO Radio originally reported at the link provided in this article, which has since been altered, sue the city.)

The City Studied the Impact of Easing Rules on Garage Apartments. What They Uncovered Was an Indictment of Single-Family Zoning.

In 2016, a group of homeowners, led by one especially ardent anti-density activist named Marty Kaplan, sued the city to stall proposed rules that would make it somewhat easier for homeowners to build accessory dwelling units—basement apartments and backyard cottages—on their property.  (The rules, which would apply in single-family areas outside urban villages, would have eliminated parking requirements for accessory units; allowed homeowners to have both a basement unit and a backyard cottage, as long as they kept development under preexisting size limits; and eliminated owner-occupancy requirements, among other tweaks.) A city hearing examiner, Sue Tanner, found in favor of Kaplan and the Queen Anne Community Council later that same year, delaying the rule changes and forcing the city to do a full environmental impact statement to determine whether allowing several hundred more basement and backyard apartments across the city would have a detrimental environmental impact. (Environmental impact statements do not, as yet, consider the beneficial environmental impacts of making it possible for people to live near where they work or go to school, instead of driving in to the city every day on exhaust-choked freeways).

Nearly two years later, that document is finally here, and its 364 pages are a strong rebuke to anyone who has ever argued that single-family zoning is a natural feature of the landscape in Seattle, and that legalizing apartments in single-family areas will lead to displacement, environmental degradation, and drive up housing costs for low-income renters. The document places Seattle’s current zoning debates squarely in the context of history—not just redlining, which has been documented elsewhere, but post-redlining decisions that made apartments illegal on two-thirds of the city’s land and shut non-white, non-wealthy residents out of those areas almost as effectively as formal redlining did in the middle of the 20th century.

The DEIS begins by outlining the city’s zoning history, which began in the 1920s, when the city created two zoning designations: First Residence District (the equivalent of today’s single-family zoning) and Second Residence District (the equivalent of Seattle’s current multifamily zones). Over time, and through a series of zoning ordinance overhauls, the areas where apartments were legal in Seattle shrunk and shrunk again, until the city arrived at the zoning it has today. Single-family zoning, in other words, is hardly a sacred designation that has existed since time immemorial, as many neighborhood activists argue today, but a special protection for certain areas of the city that has grown dramatically over time, as these side-by-side maps of Ballard attest:

Today, when you see apartment buildings in areas designated single-family, know that those are relics of a time when apartments were legal in that area.

The DEIS goes on to trace population changes in Seattle over time. Somewhat surprisingly, given the dramatic population growth in Seattle between the 1960s and the 2010s, some parts of town actually lost population between 1970 and 2010, the period when zoning rule changes slowly made it impossible to build duplexes, triplexes, and apartments; the vast majority (81 percent) were in single-family-only neighborhoods. The areas with the most notable population loss were in North Seattle and certain parts of West Seattle.

Between 1990 and 2010 alone, while Seattle’s population grew 18 percent, the population in single-family-zoned areas outside urban villages, which “compris[e] 60 percent of Seattle’s total land area,” grew just three percent. (Those areas, again, are the parts of town where the proposed zoning changes would make it somewhat easier for homeowners to add an additional unit or two to their property.) Single-family areas, in other words, have not only failed to absorb an equitable proportion of the city’s growth, but they have managed this feat through the adoption of ever more restrictive zoning laws in Seattle’s relatively recent history.

Excluding new residents from single-family areas has had class and racial implications. According to the DEIS, people of color have become disproportionately more likely to live in areas zoned for multifamily use—that is, areas outside the single-family zones that Kaplan and the Queen Anne Community Council are suing to “protect”—with a few exceptions, including Southeast Seattle and the Central District. “Non-Hispanic White people are, by contrast, disproportionately likely to live in areas where single-family housing predominates.” Meanwhile, people of color are dramatically more likely to be renters rather than homeowners and more likely to spend more than 30 percent (or even 50 percent) of their income on housing than the non-Hispanic white folks who dominate single-family areas. Less than a third of all households of color, and fewer than 30 percent of Black and Hispanic/Latinx households, live in detached single-family houses, while more white people live in houses than any other housing type. According to the city’s analysis, “[T]hese citywide statistics illustrate that housing type varies along racial lines and are suggestive of patterns in single- family zones, where detached one-unit structures are the only housing type allowed.”

The DEIS also demolishes the notion—common among both wealthy homeowners like Kaplan and anti-displacement activists on the left—that allowing more housing in single-family areas will result in greater displacement of low-income people from those areas. (This theory was recently articulated by former Seattle City Council candidate Jon Grant, who claimed that “one of the largest portions of our affordable housing stock is single-family homes.”) According to the city’s analysis, although 54 percent of homes citywide are renter-occupied, just 27 percent of homes in the “study area” (single-family areas outside urban villages) are. Since the study area includes many apartments built before apartments were made illegal in those areas, it’s safe to assume that those rental units are mostly those apartments, not single-family houses.

Looking at the data another way, it’s clear that the people who do live in detached single-family houses are mostly well above Seattle’s area median income, which was around $75,000 in 2015 (and is closer to $80,000 now). The disparity is perhaps best illustrated with a couple of charts:

The report also spells it out: Most poor people don’t live in detached single-family houses, rental or otherwise, because they simply can’t afford them. “Only 14 percent of households in detached one-unit structures are below 200 percent of the poverty level, a common threshold to be eligible for certain assistance programs, while for most other housing types about one-third of households are below 200 percent of the poverty level,” the report concludes. Given that 81 percent of single-family homes are occupied by homeowners, not renters, that means that just 2.66 percent of all single-family houses are occupied by people making twice the poverty level or less. That doesn’t mean those renters can actually afford the houses they are renting; in fact, the city’s analysis found that a renter would have to make 123 percent of the Seattle area median income to afford an average single-family rental house, and that even the very rare low-rent houses are unaffordable to people making twice the federal poverty rate, or about $33,000 for family of two.

Put still another way: “For households with incomes of 80 percent of AMI, even two- or three-bedroom single-family homes with rents at the 25th percentile, a common marker of rent for the least expensive homes on the market, are out of reach.” In Seattle, in other words, essentially no single-family rental homes are affordable to very low-income renters.

The DEIS also, of course, looked into the specific environmental claims that are being made by the homeowners who want to ensure that backyard cottages remain effectively illegal in their neighborhoods. They found, not surprisingly, that neither of the two alternatives the city considered, which the city estimates would produce between 1,210 and 1,440 more attached and detached accessory dwelling units, combined, across the city in the next 10 years—would have a significant impact on tree canopy, overall density, parking availability, or neighborhood aesthetics. (Alternative 3, which includes more size restrictions on detached units and would require homeowners building a second accessory unit to contribute to the city’s Mandatory Housing Affordability program, would have slightly lower impacts in some areas, but the impact of 121 to 144 new units spread across the city would be generally negligible.) The report did note, however, that “removing the off-street parking requirement could reduce the amount of vegetation and tree removal otherwise needed to accommodate a parking space when creating an ADU.”

The city has been debating whether to allow more homeowners to build extra units for decades, and this specific proposal has been on the table since 2014, when the council adopted a resolution calling for a plan to “promot[e] workforce housing” by exploring ways to make building backyard cottages easier. This latest round will inevitably result in another challenge and more delays, illustrating just how hard it is to make even incremental zoning changes in Seattle. As long as homeowners believe sharing their prosperous neighborhoods with even a few newcomers will impact their property values, which continue to skyrocket year over year, even the most modest request that they participate in solving our affordability crisis will continue to be met with a barrage of legal challenges. By the time this legislation actually starts producing new housing for non-wealthy Seattle residents, it seems more likely than not that the median home in Seattle will have risen from its current high, around $820,000, to well over than a million dollars.

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Morning Crank: Resolutely Pro-Housing

1. Queen Anne homeowner and anti-housing activist Marty Kaplan, who scored a victory in his fight against backyard cottages and mother-in-law apartments in 2016 when a city hearing examiner ruled that the city must do a full environmental impact statement on new rules that would make it easier for homeowners to build secondary units on their properties, is taking his show on the road.

Specifically, Kaplan is going to Bellingham, where he’ll share his experiences “fighting city hall” with the Bellingham Neighborhood Coalition, a group that says it’s fighting “over-densification, parking [problems], congestion, tree canopy loss, noise, and removal of open space” in the small town. As in Seattle, it’s hard to see how allowing homeowners to convert their basements into apartments or build backyard mini-cottages will lead to any of those things (unless we’re now referring to private backyards as “open space”?), but as in Seattle, Bellingham’s homeowner activists appear to be for property rights except for property owners who want to share their property with renters. At any rate, they seem to have adopted some very familiar (and Seattle-specific) rhetoric: The meeting notice suggests that a proposal to allow backyard cottages will lead to “Bellingham being ‘Ballardized’ as city leaders legalize the bulldozing of historic housing stock to be replaced by duplexes, tri-plexes, four-plexes, townhomes, and apartments.”

2. This happened a couple of weeks ago, while I was out of town, but I wanted to highlight it here: Dupre + Scott, the real-estate research firm that since 1979 has been the local source for information about trends in apartment development, sales, rents, and vacancy rates in the Seattle area, announced in late December that they were shutting down at the end of the year. Patty Dupré and Mike Scott, who are married, made the announcement on the Dupré + Scott website on December 27. The closure will leave the city without a critical source of information and analysis about what’s going on in Seattle’s rental market, an especially troubling loss at a time when renters are poised to outnumber homeowners in the city and when rents continue to rise in response to an ongoing housing shortage in the city.

Plus, I’ll miss the hell out of their goofy videos. The latest, and last:

3. Last night, I attended back-to-back public hearings on two proposed developments, both of which could help address Seattle’s housing shortage, albeit in very different ways.

The first meeting was a special review board discussion of a proposed high-rise condo building in Japantown (part of the Chinatown International District), which would be built what is currently a surface parking lot at the intersection of Fifth Avenue S and Main Street. The project, which has to go through a special design review process because of its location in the historic CID, is, predictably, controversial.

Opponents have argued that the 17-story glass-and-steel tower, called Koda Condos, is out of character with the surrounding neighborhood and will contribute to the gentrification of the area. While the building, which is definitely tall and definitely modern, doesn’t look much like the two- and three-story brick-clad, tile-roofed buildings that dominate in the neighborhood, neither did the surface parking lot it will replace. Marlon Herrera, a member of the city’s parks commission, said the building will contribute to the “repeated bastardization of this community” and that the developer’s plan to include “privately owned public space” in the project “is a sham. Only rich white yuppies drinking lattes will be allowed to use this space and everybody else will be forced out by security,” Herrera said. The review board will hold at least one more meeting before deciding whether to permit the project.

The building would add more than 200 new condos to the downtown area, and is one of a small handful of condo projects currently underway in Seattle, where for years developers have focused almost exclusively on new apartment buildings.  Developers tend to favor apartments over condos because the state subjects condos to higher quality assurance standards than any other type of housing in Washington state, making rental units a safer bet.  Although condos don’t generally constitute affordable housing, they are still cheaper than single-family houses—about one-third cheaper, according to Sightline—making them a viable homeownership option for people who can’t afford the median $725,000 house in Seattle. The Koda condos will start in the mid-$300,000 range, according to the developer’s website—if the city allows them to be built.

The second meeting last night, of course, was a public hearing on a planned development on long-vacant Army surplus land at Fort Lawton, in Magnolia next to Discovery Park. Opponents say the proposal, which would include between 75 and 100 units of affordable rental housing, 85 supportive housing units for seniors, and up to 50 affordable houses for purchase, is too dense for a part of the city that several speakers described as “isolated” and “remote.” (Notably, some of the speakers who disparaged the area as an unlivable wasteland lacking bus service, shops, grocery stores, sidewalks, and other basic amenities  live in the area themselves and somehow manage.)

One speaker, Aden Nardone with SOS Seattle, said building housing at Fort Lawton would be tantamount to putting low-income people “in internment camps”; others suggested that nothing should be built at Fort Lawton until there was enough infrastructure (sidewalks, bus routes, retail stores, groceries, sewer lines, etc.) to support it.

I wondered on Twitter what the speakers claiming to support “infrastructure” at Fort Lawton would say if the city actually did divert its limited resources toward funding infrastructure to an uninhabited area, rather than the many neighborhoods that are always complaining they don’t have frequent bus service or sidewalks. And:

A big crowd in the back, which dissipated a little more than an hour into the meeting, seemed to be the source of most of the night’s heckling. People in the back booed a woman who was talking about how affordable housing reflects Seattle’s values as a welcoming city for all people, and repeatedly shouted that people who own homes in Magnolia were somehow being prevented from speaking. For example:

For the most part, though, the speakers at last night’s meeting were resolutely pro-housing, a welcome change from many meetings about homelessness and affordable housing, including several at the same venue (the Magnolia United Church of Christ), that have been dominated by anti-housing activists. A majority of those who spoke, including many who identified themselves as homeowners in Magnolia, renters in Magnolia, people who were born and raised in Magnolia, and people who were priced out of Magnolia, supported the proposal. And some people with actual experience living in affordable housing spoke up about the stability it brought to their lives  as children:

To read all my tweets from last night’s meeting, check out my Twitter feed.

 

Morning Crank: The War on Immigrants Is a War on Cities

1. “The war on facts has become a war on cities.” 

That was Mayor Ed Murray’s latest volley in his own war against the Trump Administration, launched yesterday along with a lawsuit charging that Trump has no legal right to pull federal funds from “sanctuary cities” that refuse to enforce federal immigration statutes according to the new Administration’s harsh interpretation of those laws.

Yesterday, the mayor and City Attorney Pete Holmes announced they were filing suit against the US Justice Department, whose director, KKK apologist Jeff Sessions, announced this week that he would pull Department of Justice grants to cities that refuse to assist federal agents in tracking down and detaining undocumented immigrants. Seattle’s 2017 budget assumes $2.6 million in DOJ grants for domestic violence prevention, officer body cams, human trafficking prosecution, and more.

The lawsuit contends that Sessions’ order violates the 10th Amendment, by dictating the way the city enforces federal laws, and the Spending Clause from Article 1 of the Constitution, by attempting to coerce the city into aiding immigration agents by threatening to withhold federal funding if it doesn’t.

“We have the law on our side: the federal government cannot compel our police department to enforce federal immigration law and cannot use our federal dollars to coerce Seattle into turning our backs on our immigrant and refugee communities,” Murray said.

Trump’s war on immigrants is a war on cities because cities are made stronger, politically, culturally, and economically, by the presences of immigrants, and he’s waging that war because city values—diversity, inclusion, resistance, queerness, intellectualism, and unconformity—are anathema to his backward-looking vision of a nation united by fear and mutual distrust. Seattle is the first city to formally resist Sessions’ and Trump’s unconstitutional bullying by filing a lawsuit. If cities’ response to the last unconstitutional order targeting immigrants was any indication, we won’t be the last.

2. A Queen Anne homeowner’s dogged, well-financed effort to kill backyard cottages in Seattle won a victory that will further delay a proposal to make it easier for homeowners to build accessory units and cost taxpayers thousands of dollars in the process.

This week, city council member Mike O’Brien announced that thanks to activist Marty Kaplan‘s successful effort to delay new rules that would loosen the regulations that currently make it prohibitively expensive for many homeowners to build accessory units, the city will do a full environmental impact statement to determine the impact accessory units will have on the city’s environment. The intuitively obvious conclusion would be that backyard cottages improve the environment, because they add density, which helps prevent suburban sprawl and reduce auto dependence. In addition, they allow homeowners to age in place, promoting multigenerational households and preventing the development of lot-line-to-lot-line McMansions that often sprout in neighborhoods when single-family properties change hands.

O’Brien proposed his backyard cottage legislation in May 2016. With any luck, he will be able to introduce new legislation sometime in the summer of 2018.

3. Bikesharing advocates will say goodbye to Pronto with a group ride tomorrow afternoon. Pronto riders will gather at 3rd Ave. and Broad Street at 5pm (there are two Pronto stations within two blocks, but the clunky green bikes are available all over downtown) and ride slowly up Capitol Hill, ending at a bar TBA. “Ed Murray’s house for bell ringing party optional.” Murray announced he was killing the money-losing bikeshare system in January.

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